Western Australian Consolidated Acts

FREEDOM OF INFORMATION ACT 1992 - SECT 78

78 .         Reference of questions of law to Supreme Court

        (1)         The Commissioner may refer to the Supreme Court any question of law that arises in the course of dealing with a complaint.

        (2)         A question may be referred under this section on the Commissioner’s own initiative or at the request of a party to the complaint.

        (3)         The Supreme Court has jurisdiction to hear and determine a question of law referred to it under this section and, in exercising that jurisdiction, may — 

            (a)         as well as determining that question, determine any related or incidental question of law that it considers to be raised; or

            (b)         instead of determining that question, determine any other question of law that it considers to be more pertinent.

        (4)         If a question of law is referred to the Supreme Court under this section, the Commissioner is not to — 

            (a)         give a decision on the complaint to which the question is relevant while the reference is pending; or

            (b)         proceed in a manner, or make a decision, that is inconsistent with the decision of the Supreme Court on the question.

        (5)         A party, other than the Commissioner or a party who has requested the reference, does not have to appear, be represented or make submissions at, or otherwise participate in, the hearing of a reference under this section, and a party who does not participate in a reference is not liable for any costs in relation to the reference.